UTIAC 1. There is no right of appeal to the Upper Tribunal against a decision not to extend time under rule 10 of the First-tier Tribunal Procedure Rules when a notice of appeal has been given out of time. It is a ‘preliminary decision made in relation to an appeal’ within Art 3(m) of the Appeals (Excluded Decisions) Order 2009 (as amended) and consequently is an ‘excluded decision’ for the purposes of s.11 of the Tribunals, Courts and Enforcement Act 2007.
2. The parties are entitled to know the judge who makes a decision in an appeal. In the case of an appeal determined without a hearing that means that the determination or decision must identify the judge. The absence of the Duty Judge’s name identifying the decision-maker of the decision not to extend time resulted in a fundamental breach of justice which vitiated the decision.
Citations:
[2010] UKUT 444 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 19 September 2022; Ref: scu.444062
